Sentencing adjourned for man who had sex with teen

A sentence hearing for a Brighton Township man who packed a "bag of bondage" equipment for a sexual encounter with a 14-year-old girl was delayed Thursday.

The hearing for Michael Richard Herbert, 28, was adjourned to July 21 after the defendant's attorney raised numerous objections to a Michigan Department of Corrections' report that painted his client as a man who preyed on and manipulated a teen girl into a sexual encounter in March.

Herbert was charged with three counts of third-degree criminal sexual conduct, but he entered a plea to one count while the prosecution dismissed the remaining two counts.

Defense attorney Mitchell Perrault said his client believes the presentence interview report includes inaccuracies about what occurred between him and the 14-year-old girl. The report said Herbert "acted selfishly" and that he planned the sexual encounter with the teen, who he "manipulated."

Herbert also took issue with the report alleging he had an "attraction to prepubescent girls" and that he "knowingly took advantage of a 14-year-old with premeditation," Perrault said.

"He indicates that based on the entire situation, your honor, and conversation he had with this victim prior to them engaging in consensual acts that statement itself is not fair," the defense attorney said. "I think it's agreeable she never disagreed with it; the issue was her age. ...

"I think one thing he has an over-running issue with is it doesn't come out clearly that this was a young lady who held herself out to be much older than she did finally disclose to him she was," Perrault added. "He doesn't dispute the fact that prior to the act he did learn her true age but when the conversation between him and this victim started he understood her to be much older than 14-years-old."

Judge Michael P. Hatty countered: "As soon as (Herbert) realized that this young person was a child he should have turned on his heel and left. Out of your client's own mouth ... tells me he knew she was under the age of 16."

Michigan law says a person under age 16 cannot consent to sexual acts.

Assistant Prosecutor Angela Del Vero said the defendant is 28-years-old and his choice to "engage in sex with a 14-year-old" is exploitation of that teen. She said Herbert's planning the encounter included packing sex-related items and driving to meet the teen.

"(He) laid on her bed with a bag of bondage equipment," the assistant prosecutor noted.

Del Vero said the defense's objections are "factual disputes" and the judge should order a hearing which would allow the court to learn if the statements in the presentence report are accurate.

Hatty agreed when Perrault said he had no objections. The judge asked both attorneys to go over an interview with the teenager in which she disclosed details of what happened and to come to an agreement on what portion, if any, they wanted Hatty to review of that interview.

The presentence report is created by the Michigan Department of Corrections and includes a comprehensive background on the defendant as well as the criminal allegations.